Table
of Contents
Study
Areas:
Slavery
Anti-Slavery
Free
Persons of Color
Underground
Railroad
The
Violent Decade
US
Colored Troops
Civil
War
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Chapter
Eight
Backlash, Violence and Fear:
The Violent Decade (continued)
Intense
Excitement Ensued
Bustill
and his operatives continued to send fugitive slaves
to safety from Harrisburg, although individual dates and details
for the last years of the decade are elusive. What stands out,
because of the intense excitement that these incidents created,
are the captures. There were two very significant incidents involving
the arrest of African Americans in this area in 1859, one in Harrisburg,
and one in Cumberland County. Each played out quite differently,
and each ratcheted up the tension between the residents of the
border counties, both in Pennsylvania and Maryland.
The New
York Times inserted a brief, two-sentence notice into its front
page on Monday, 4 April 1859, that gave scant details, according
to its headline, of a “Fugitive Slave Case at Harrisburg.” With
a dateline of “Harrisburgh, Penn., Saturday, April 2,” it
read, “United States Marshal Jenkins arrested a negro in Market-place,
this morning, supposed to be a fugitive slave. Intense excitement
ensued, but the officers succeeded in getting him off to Philadelphia.” Within
a few days, the arrest of Daniel Webster, as he was first known,
would garner entire columns of newsprint in the Times, and
involve some of Pennsylvania’s most influential abolitionists
in his hearing.
Both
abolitionists and advocates for Southern slave holders, each side having
been outraced, outmaneuvered, or outsmarted by the other side in recent
past actions, was unwavering in their desire to win this case. When
the fugitive was brought to the office of the Philadelphia Slave Commissioner
for his hearing on the same day of his arrest, the Vigilance Committee
was ready with a makeshift legal team, having gotten word from Harrisburg
that the slave catching party and the captured fugitive were on their
way. They were not going to be caught flat-footed, as had happened
in the Jacob Dupen trial. This time would be different.
The Philadelphia
Bulletin had a reporter on hand at Commissioner John Cooke Longstreth’s
office, and he reported on the arrival of the prisoner in a style
that presaged modern action news reporting:
The alleged fugitive,
upon his arrival in the city, was taken to the office of the U.S.
Commissioner, at Fifth and Chestnut streets, where we saw him this
afternoon with his wrists encased in handcuffs. He told us that
his name is Daniel Webster, that he is about twenty-five years
of age, and that he has been living at Harrisburg for nine years
past, where he was employed at fence-making. Upon being questioned
concerning his domestic relations, he said, with tears in his eyes,
that he had a wife living at Harrisburg; that he had two children,
the last of whom was buried yesterday a week. He said that he had
many friends at Harrisburg, and that if he could have been tried
there, instead of being brought so far from home, he could have
able to prove his right to liberty; but at so great a distance
from home and among strangers he had no chance.
He states that he was
arrested while attending market at half past six o'clock this morning,
on pretence that he had committed some crime. The officers who
made the arrest say that there was a disposition to rescue the
fugitive, and for that reason handcuffs were put upon him at Harrisburg.
The gyves were removed in the cars, and again put upon him after
their arrival in Philadelphia.
It is understood that the alleged fugitive is claimed by a party in
Virginia, who say that he escaped from bondage six years ago. Daniel,
upon the other hand, declared that if he was at Harrisburg he could
prove that he had lived there nine years. He is a good-looking stalwart
man, with an inoffensive countenance. This is the first case under
the fugitive slave law in Philadelphia for several years.147
The actual
details, even given the nineteenth century newsman’s penchant
for histrionic prose, were no less exciting. Daniel Dangerfield, the
prisoner’s real name, was up before dawn on Saturday, 2 April,
so that he could travel the several miles from the John B. Rutherford
farm, on which he lived and worked, to the market houses on Harrisburg’s
square. As he approached the market houses, which actually were large
open air sheds, he did not notice the two strangers who stood nearby—after
all, the markets were full of out-of-town people on a Saturday—but
these two men definitely noticed him.
They had
been in Harrisburg for a full day already, waiting and watching just
for him. The two strangers were joined by two more men, and together
the group approached Daniel Dangerfield as he walked around the market
shed. There is no evidence that anyone suspected anything about the
four men at that point, as no one raised a warning cry, although two
of the men, John Jenkins and James Stewart, had been in Harrisburg
only a few years earlier on a similar mission, when they captured Jacob
Dupen as he ploughed a field. They had gotten in and out of town quite
rapidly that day, though, and Harrisburg residents, especially Underground
Railroad agents, had been given little opportunity to study their faces.
Marshals
Jenkins and Stewart were backed up on this Saturday morning by a third
deputy marshal named Taggart, and an agent acting on behalf of Dangerfield’s
alleged owner, Elizabeth Simpson, of Athensville, Virginia. According
to the warrant they carried, Dangerfield had escaped some six years
earlier from Aldie Mill, in Loudon County, at which place he had been
hired out by his owner, Elizabeth Simpson.
The four
men moved through the already crowded Market Square and cornered Dangerfield
in one of the market sheds. Sensing almost immediately what was happening,
Dangerfield let out a cry for help, attempting to draw as much attention
to his situation as possible. The men grabbed him and forced handcuffs
on his wrists, fighting with him as he struggled to escape. Even handcuffed,
Dangerfield refused to surrender. He lunged to grab a large knife from
a nearby butcher stall. The deputies wrestled him to the ground but
became immediately alarmed at the number of people who flocked to the
scene, many of whom appeared ready to intervene on Dangerfield’s
behalf.
Marshal Jenkins
later told a member of the Philadelphia Vigilance Committee “We
were afraid of a rescue,…[Dangerfield] cried ‘Help! Help!’ and
brought about a hundred niggers around us.” Both Marshals Jenkins
and Taggert pulled out Colt revolvers and waved them menacingly at
the closest potential rescuers in the crowd. In an attempt to put off
the feared rescue attempt, and perhaps to draw sympathetic support
from whites in the market shed, the marshals announced that they were
merely arresting a thief, although there is no reason to believe the
crowd bought that explanation. The scene was all too familiar to most
of the witnesses.
The slave
catchers then strong-armed their way through the crowd and made their
way as rapidly as possible to the new Pennsylvania Railroad station
on the south side of Market Street at the canal. There, they were able
to get a breather from the most bellicose members of the crowd, but
even as they rested and waited for the train, word of the capture was
spreading through town. Someone alerted Daniel Dangerfield’s
wife, and she hurried to the railroad depot, but it was too late. By
the time she arrived, the lawmen and their prisoner had already boarded
one of the cars. She had barely spotted her husband, sitting in one
of the coaches with the Philadelphia men, still handcuffed, before
the train engine whistled its intent to leave the station. She broke
down in tears on the platform and watched helplessly, along with a
large angry and distressed crowd, as the train pulled out.148
Telegrams
went out immediately from Harrisburg. The Vigilance Committee in Philadelphia
received one, with just enough details to stir them to action, even
though they did not yet know enough of the facts to mount an effective
defense. J. Miller McKim, the Carlisle native and tireless abolitionist
who was working in Philadelphia with the Pennsylvania Abolition Society,
received a telegram asking him to be at the Slave Commissioner’s
office as soon as he could. He too, had few details, but being used
to such last minute requests, made arrangements to be there.149
A Gambit
It was quite
fortunate that he did. The hearing to return Harrisburg resident Daniel
Dangerfield to slavery began in great haste, with the abolitionists,
although not caught completely by surprise, still scrambling for a
defense team. They had planned on having George H. Earle, Sr., William
S. Pierce, and Edward H. Hopper lead the charge, three of the leading
legal lights for the embattled Pennsylvania Abolition Society,150 but
unfortunately, Pierce was discovered to be out of town and Earle was
scheduled to appear in the courthouse on a habeas corpus case, which
left only Edward Hopper to face Benjamin Harris Brewster, a genuine
blue-blood Mayflower descendant, named for his Revolutionary War hero
grandfather, and a very formidable opponent.
Attorney
Brewster, sensing that the abolitionist legal team was lacking cohesion
from its initial request for an adjournment, immediately went on the
attack, insisting on his client’s right “to a ‘prompt’ and ‘summary’ disposition
of the case,” to which Commissioner Longstreth seemed inclined
to agree. It seemed as if Daniel Dangerfield’s cause was to be
lost almost as quickly as it had begun, when J. Miller McKim’s
presence in the hearing room was acknowledged by PAS lawyer Hopper.
In a gambit designed to buy time, Hopper requested that “Mr.
McKim, a friend of the prisoner, to whom the case had in some measure
been entrusted, desired to say a few words, if there should be no objection.”
Brewster,
seeing no legal threat from this lecturer-activist, “cheerfully
assented” to the request. He could hold his final coup for the
end of the anti-slavery activist’s speech. Commissioner Longstreth
also had no objections to hearing what McKim had to say “provided
Mr. McKim should say what he had to communicate under oath.” Brewster
might have pricked up his ears at the requirement of an oath. Something
other than a display of abolitionist rhetoric was potentially afoot.
Such an intuition would have been correct. McKim, after being sworn,
told the Commissioner “that he believed, from a conversation
he had had with the prisoner, and the contents of a telegram he
had received from Harrisburg, that testimony would be forthcoming
in the course of twenty-four hours that would be important to the interests
of the prisoner, and might prove his title to liberty.”151
The gambit
worked. Veteran lawyer Brewster had not expected the rabble-rousing
Cumberland County abolitionist to present, under oath, the promise
of game-changing testimony. Commissioner Longstreth, upon receiving
this information, promptly granted a continuance for Monday, 4 April,
at ten o’clock in the morning. The abolitionists breathed easier,
having now gained time to plan a proper defense. In addition to rounding
up witnesses, the PAS also rounded up support from the local African
American population in the form of a public show of support for Daniel
Dangerfield at his hearing on Monday.
A Dense and
Excited Crowd
Philadelphia,
like Harrisburg and Carlisle, had a history of mob activism. An earlier
and notable incident involved a scene similar to the 1850 Harrisburg
riot and the 1847 McClintock riot, in that a fugitive slave was rescued
with diversionary tactics provided by a belligerent crowd of African
Americans. The incident, as remembered by two witnesses, happened at
the Court House in Independence Square:
In one case, when a
negro had been delivered into the hands of an officer to be returned
to the South, and had been brought to a waiting carriage, he had
no sooner stepped into it on one side than he sprang out on the
other into the arms of a rescuing throng, and was borne away to
Fort Washington, where Edward M. Davis and others of the Anti-Slavery
Society guarded him all night with guns in their hands.152
Guns were
certainly in view on Monday, the day of Daniel Dangerfield’s
hearing, but not in the hands of the African American residents that
crowded the sidewalks around the Fifth Street office of Slave Commissioner
John Cooke Longstreth. Instead, it was Marshal John Jenkins and his
men who boldly brandished revolvers as they conducted their prisoner
securely past the crowd that lined the mile-long route from Moyamensing
Prison to the commissioner’s office. Upon reaching the office
at which the hearing was scheduled, Jenkins and his men found the small
space already filled beyond capacity with spectators, many of whom
had been waiting there for hours. The Vigilance Committee had down
its job well over the weekend in filling the streets around the hearing
room with “a dense and excited crowd.”
The marshals,
with their prisoner, forced their way through the outside throngs of
people and into the small room, closed the doors to the people who
filled the doorway and hallways, and waited for Commissioner Longstreth
to begin, but the situation was clearly chaotic and dangerous. The
Commissioner himself arrived a short time prior to ten o’clock,
only to find his small hearing room already becoming crowded with hopeful
spectators. He expressed his astonishment and displeasure to those
present, remarking, “This case was not one for a town meeting.”
Finding it
practically impossible to clear the room, Longstreth ordered Daniel
Dangerfield’s hearing to be moved to the United States Grand
Jury Room in the eastern wing of the Old State House, which required
another strong-arm maneuver by the deputy marshals to move their prisoner
through the crowd the short distance to the new location. The crowd
followed the lawmen through Independence Square to the courtroom in
the ancient and historic building, only to find that the new room was
only slightly larger, and was certainly not large enough to admit all
who wanted to observe the proceedings.
The scene
here was even more confusing, and tempers flared. A glass window was
broken out as people pushed and shoved to secure a place. Men and women
of all colors filled the hallways to the room, the stairs to the second
floor on which it was located, and all the open areas around the building.
The claimant’s attorney, Benjamin Brewster, was unable to get
into the building, so deputy marshals and city police began the slow
job of clearing the halls—an action that sent up howls of protest
from the crowd, particularly as all African American observers seemed
to be singled out for removal.153
Inside, the
hearing finally was able to begin. Ironically, the freedom of Daniel
Dangerfield, an African American resident of Harrisburg, was about
to be decided in a wing of a historic building closely associated with
the establishment of freedom for Americans: Independence Hall.
The feeling
that the stakes were higher for this case than for any that preceded
it pervaded the Old State House, and that feeling was reinforced by
the presence in the courtroom of abolitionist leader Lucretia Mott,
who defiantly took her seat next to Daniel Dangerfield. She stubbornly
ignored all requests to move. She had gained access to the courtroom,
along with J. Miller McKim and her sister, Martha Coffin Wright, by
physically holding on to Daniel Dangerfield as he was led into the
room.
The fierce
Quaker anti-slavery and women’s rights advocate, at sixty-six
years of age, was the most spellbinding presence in the courtroom,
even though quite a few important Pennsylvania abolitionists, including
Robert Purvis, Martha Coffin Wright, James Miller McKim, and Mary Grew,
the magnetic corresponding secretary of the Philadelphia Female Anti-Slavery
Society, attended the hearing. It had become a regular practice for
members of the Pennsylvania Abolition Society and the Philadelphia
Female Anti-Slavery Society to sit in on fugitive slave hearings in
the city, as silent observers, and to provide visible support for the
accused fugitive. This was the first time, however, that the local
abolitionist societies had thrown all their champions into the fray
at once.
On the other
side of the courtroom, Benjamin H. Brewster was backed not only by
his deputy marshals, but also by the stern figure of the United States
District Attorney, James C. Vandyke. The pro-South forces also had
their supporters in large numbers outside of the building, vying with
the anti-slavery spectators for attention.154 To
all appearances, the stage seemed set for a showdown.
The entire
first day was spent in legal maneuvering, with frequent disturbances
at the door from stubborn spectators. Yet another change was made to
a larger room in the same building, with no net gain in elbowroom as
additional spectators flowed in to take up all available seats and
standing spaces.
Testimony
finally began in the afternoon, with some witnesses for the claimant
swearing to the identity of Daniel Dangerfield as the runaway slave
formerly belonging to French Simpson. One of the men testifying, John
W. Patton, was a Virginia constable who dabbled in slave catching,
having previously been in Pennsylvania at this work. He described for
the Commissioner the convoluted process of obtaining a warrant for
Dangerfield’s arrest. Patton said that he got two dollars per
day from the son-in-law of Elizabeth Simpson, Sanford Rogers, to track
Dangerfield, and finally found him in Harrisburg on 23 February.
He summoned
Rogers to Harrisburg and together they sought out the local slave commissioner
to obtain a warrant for Dangerfield’s arrest, but, being unaware
that the vacancy has gone unfilled since the resignation of Richard
McAllister in 1853, they were unsuccessful. The pair then went to Carlisle
and requested a warrant from former commissioner Thomas M. Biddle,
but as he was no longer active in that capacity, they were advised
by him to go to Philadelphia and present their petition to newly appointed
Commissioner Longstreth, which they then did. In Philadelphia, they
encountered problems with their paperwork, and had to send the papers
back to Loudon County for corrections, and only then did Longstreth
issue the warrant calling for Dangerfield’s arrest. Other witnesses
included James H. Gulick and Sanford Rogers, both of whom, being present
at the arrest in Harrisburg, described the capture of Daniel in the
market shed on Market Square.
At four o’clock
p.m., with the expectation that there was considerable testimony yet
to come, and over the objections of Benjamin Brewster, who reiterated
his demand for a “prompt and summary” conclusion, Commissioner
Longstreth adjourned the hearing for twenty-four hours, until four
o’clock p.m. the next day, Tuesday, 5 April. To the participants
and spectators inside the small room, the first day of the hearing
had been an ordeal. Packed tightly together in a small room, they endured
heat that was “almost insupportable,” and which drove some
of the less sturdy observers to make their way out of the room before
the end of the day’s proceedings. The next day, Tuesday, was
to be even more trying.155
In fact,
the hearing that continued on Tuesday, 5 April, would be as historic
as it was demanding on the constitutions of those who participated.
It would also be equally momentous as a landmark event in the cause
of anti-slavery resistance in Pennsylvania. On Tuesday afternoon, Lucretia
Mott and her sister, Martha Coffin Wright, ate their dinner at brother-in-law
Benjamin Yarnall’s house before going to the hearing room in
Independence Hall. They arrived early, but to their surprise “found
the room nearly full.”156
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Notes
147. National
Era, 7 April 1859; New York Times, 4 April 1859, 1.
Philadelphia lawyer and Democratic supporter John Cooke Longstreth
was appointed to the office of United States Commissioner by President
James Buchanan, to fill the longstanding Slave Commissioner vacancy
created by the death of Edward D. Ingraham on 5 November 1854. James
S. Easby-Smith, Georgetown University in the District of Columbia,
1789-1907, vol. 2 (New York: Lewis Publishing, 1907), 2:154-155;
William Brotherhead, “Edward D. Ingraham,” in Henry Simpson,
ed., The Lives of Eminent Philadelphians, Now Deceased (Philadelphia:
William Brotherhead, 1859), 596.
148. New
York Times, 5 April 1859; National Era, 7 April 1859.
PAS, Arrest, Trial, and Release, 4-5, 23; May, Fugitive
Slave Law, 116.
Samuel May wrote of Daniel Dangerfield, “He was a peaceable, honest,
and industrious laboring man, and had been in the service of Senator
Rutherford four or five years.” John Brisban Rutherford had been
elected to the Pennsylvania State Senate on the Republican ticket in
1857. William Henry Egle, Pennsylvania Genealogies: Scotch-Irish
and German (Harrisburg: Lane S. Hart, 1886), 571.
149. Harrisburg
Telegraph, 2 April 1858, reprinted in New York Times,
5 April 1859.
According to a publication of the Pennsylvania Abolition Society, two
telegrams were received from Harrisburg in the Philadelphia offices of
the PAS on the morning of Daniel Dangerfield’s arrest, “one
from a member of the Vigilance Committee there [in Harrisburg], and another
from a member of the House of Representatives—both informing us
that an alleged fugitive slave had been arrested that morning by Deputy
Marshal Jenkins, and was then on his way to Philadelphia. The latter
despatch concluded with the words—‘do what you can for him.’” The
member of the Pennsylvania legislature that sent the telegram is unidentified.
PAS, Arrest, Trial, and Release, 3.
150. Legal historian
Gerard J. St. John notes that most antebellum Philadelphia lawyers
were distinctly pro-South in their sympathies, and that those who worked
in the cause of the abolition of slavery suffered professionally for
it. He writes, “Robert D. Coxe, an active member of the Law Association,
in a retrospective tribute praised lawyers Edward Hopper, George H.
Earle, Sr., William S. Pierce and Charles Gibbons for their anti-slavery
leadership, and noted that: ‘The championship of so desperate
and so unpopular a cause demanded physical, no less than moral courage
on the part of its advocates. The bar, as a body, conservatively gave
it the cold shoulder, and Mr. Hopper and his associates were, in truth,
the victims, frequently, of positively uncivil treatment at the hands
of their brother lawyers.’” Gerard J. St. John, “This
is Our Bar,” in “The Philadelphia Lawyer,” The Philadelphia
Bar Association, http://www.philadelphiabar.org/page/TPLWinter02ThisIsOurBar?appNum=4 (accessed
4 December 2009).
151. The emphasis
in the quoted passage is mine. PAS, Arrest, Trial, and Release,
6-7; New York Times, 5 April 1859.
152. Isaac H.
Clothier and St. Clair A. Mulholland, “Philadelphia in Slavery
Days,” Philadelphia Public Ledger, 14 December 1902.
I have been unable to determine the date of the incident referred to
by the authors.
153. PAS, Arrest,
Trial, and Release, 9; Eugene Coleman Savidge, Life of Benjamin
Harris Brewster, with Discourses and Addresses (Philadelphia:
J. B. Lippincott, 1891), 86-88; Martha Coffin Wright to David Wright,
7 April 1859, Garrison Family Papers, Sophia Smith Collection, Smith
College, http://womhist.alexanderstreet.com/mcw/doc3.htm (accessed
5 December 2009). Fugitive slave hearings actually were routinely held
in the available court rooms of Independence Hall, which was also the
location of the trial of those accused of treason in the Christiana
Resistance.
154. PAS,
Arrest, Trial, and Release, 10-11.
155. Ibid.,
12-15.
156. Martha
Coffin Wright to David Wright, 7 April 1859.
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